HomeMy WebLinkAbout12/09/2014 BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
~ * TUESDAY, DECEMBER 9, 20:14
County Commission Chamber
Indian River County Administration Complex
LORI'D 1801 27t" Street, Building A
Vero Beach, Florida, 32960-3388
www.iregov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis, Chairman District 1 Present Joseph A.Baird, County Administrator Present
Bob Solari,Vice Chairman District 5 Present Dylan Reingold, County Attorney Present
Joseph E.Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present
Peter D. O'Bryan District 4 Present Court and Comptroller
Tim Zore District 3 Present Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
None
5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation of Excess Fee Distribution by Carole Jean Jordan, Indian River
a.m. County Tax Collector 1-2
-- -----------------------------------------------------------------------------------------------------------------
Indian River County Tax Collector Carole Jean Jordan thanked the
Board for their support during the renovation of the Sebastian office,
and presented the Board with her Annual Fiscal Report for the Fiscal
Year ending September 30, 2014, and a check in the amount of
$2,335,120.69.
Board of County Commission Minutes
December 9,2014 Page 1
6• APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:09 A. Resignation of Mr. George O'Malley to the Tourist Development Council
a.m. (TDC)
(memorandum dated December 1, 2014) _--_____3-4 ---
--------------------------- ---------- --------------------------------------
-----------------
for the record was the resignation of George O'Malley, from the
Tourist Development Council (TDC), effective immediately.
A brief discussion ensued regarding the requirements for serving on the
TDC.
B. Treasure Coast Regional Planning Council Appointees for 2015
(memorandum dated December 3 2014) -----------------5-7-----
Noted for the record was the correspondence dated December 3, 2014, to
Michael Busha, Executive Director of Treasure Coast Regional Planning
Council, regarding the 2015 appointments made by the County and
various municipalities according to the rotation schedule.
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the Consent Agenda, pulling
Items 8.B. and 8.K. for discussion.
--------------------------------------------------------------------------------- ---------------------
A. Approval of Warrants—November 21, 2014 to November 27, 2014
(memorandum-dated-November-2-5,-2014)--------------_ ---------_______-_--8-14----
Approved the list of Warrants and Wires issued by the Comptroller's
Office.
9:16 B. Dori Slosberg Driver Education Safety Act — Indian River County Traffic
a.m. Education Program Trust Fund Report — Cumulative Reporting Through
9/30/14
(memorandum dated November 24, 2014)
Clerk's Note: This item was heard following item 8.K. and is placed here for
continuity.
----------------------------------------------------------------------------------------------------
1 5-16
Commissioner Flescher pulled this item to discuss the Dori Slosberg
Driver Education Safety Act, and voiced concern that there was no
drivers' education program within this community. He provided
background and stressed that there had been a rise in juvenile accidents
and fatalities this year. He wanted staff to bring this item back in
January so the Board can discuss options and see if there is public interest
Board of County Commission Minutes
December 9,2014 Page 2
----- ---------- ------ ----- ------- ----------------------------------------
in bringing back the Dori Slosberg fund. He felt there needed to be an
educational arm for young and senior drivers, and wanted to collect funds
from the citations of violators.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Chairman Davis, to bring this item back to the Board for discussion in
January.
Bob Johnson, Coral Wind Subdivision, noted that the American
Association of Retired Persons (AARP) offers a periodic volunteer
9:22 education program for senior citizens.
a.m.
County Attorney Dylan Reingold sought further clarification from
Commissioner Flescher.
Commissioner Flescher wanted staff to repeal and reactivate the Dori
Slosberg Driver Education Safety Act and the Indian River County
Traffic Education Program Trust Fund. He also suggested that staff
assist with implementing a drivers' education class for the community's
youth.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously accepted the Report of the Indian River
County Traffic Education Program Trust Fund from the inception of the
$3 fee (October 1, 2002) through September 30, 2014.
C. 2015 Committee Assignments
(memorandum dated December 3 2014) 17-19
Approved the 2015 Committee Assignments for each Commissioner as
outlined on pages 18 and 19 of the Agenda Packet.
D. Amendment No. 2 to Indian River County Public Shooting Range
Improvements to Skeet & Trap Facility Professional Civil Engineering and
Architectural Services Consultant Agreement RFQ No. 2013017 — IRC Project
No. 1213B
(memorandum-dated-November-2-1,-2014) 20728----
Approved
0-28A roved and authorized the Chairman to execute Amendment No. 2
with Donadio and Associates, Architects, P.A., for improvementsto the
Indian River County Public Shooting Range Skeet and Trap Facility, in
the lump sum amount of$5,750.00.
E. Memorandum of Agreement — Florida Department of Transportation —
Establishment of a Florida Department of Transportation Global Positioning
System (GPS) Reference Station at the Indian River County Utilities South
County RO Water Treatment Plant located on Oslo Road, just east of South 29-32----
Board of County Commission Minutes
December 9,2014 Page 3
County Regional Park
(memorandum dated-November-2-4,-2014)-
----------------- ------------- - - ------ --------------------------------------------------------------
Approved and authorized the Chairman to execute the Memorandum of
Agreement with the Florida Department of Transportation, for the
establishment of a Global Positioning System (GPS) Reference Station at
the Indian River County South County Reverse Osmosis (RO) Water
Treatment Plant.
F. Florida Department of Law Enforcement FY 2014-2015 Edward Byrne
Memorial Justice Assistance Grant(JAG)Program Certificates of Acceptance
(memorandum dated December 2, 2014) ---------------- -----------------------33-41----
- ---------------------------------- --------- --------
Approved the Fiscal Year 2014-2015 Certificate of Acceptance of
Subgrant Award for the Multi-Agency Criminal Enforcement Unit
(MACE) Grant in the amount of $57,250, and the Certificate of
Acceptance of Subgrant Award for the Substance Awareness Drug
Testing Program in the amount of$5,366.
G. Review of the Affordable Housing Advisory Committee 2014 Incentives
Review and Recommendation Report
(memorandum dated-Nov-ember-2-5,-2014)------------------ --______________ 42-102---
---------------------------
Approved Resolution 2014-114, approving the Indian River County
Affordable Housing Advisory Committee (AHAC) 2014 Report and
directing staff to revise the County's Local Housing Assistance Plan as
needed.
H. Consideration of Revised Indian River County Local Housing Assistance Plan
for Fiscal Years 2015-2016 Through 2017-2018
(memorandum __________________________________________________103-112--
---------------------dated-November-2-5,-2014)------
Approved Resolution 2014-115, approving the County's Local Housing
Assistance Plan for FY 2015-2016, 2016-2017, and 2017-2018.
L Hurricane Debris Removal Contracts for TAG Grinding Services, Inc. and
Omni Pinnacle, LLC Third(and Final) Extension of Year 2011 Contract
(memorandum dated_November-18, 2014)--------------------------------------------------1-1-3--13-2--
---------------------------
Approved the Third Extension to Agreement with TAG Grinding
Services, Inc., and Omni Pinnacle, LLC, for disaster debris removal and
disposal services, and authorized the County Administrator to execute the
extensions upon review and approval of the County Attorney, and review
and approval by all applicable staff.
J. Miscellaneous Budget Amendment 003
(memorandum dated_December-3,-2 014)----------------------------------------------------133---13-9--
---------------------------
Approved Resolution 2014-116, amending the Fiscal Year 2014-2015
budget.
9:11 K. Florida Department of Transportation (FDOT) Maintenance Memorandum of
a.m. Agreement (MMOA) and Authorizing Resolution for Landscape Maintenance
on USl-from-the-St. Lucie County/Indian River County_Line (M.P.-0.000)-to---140-186
Board of County Commission Minutes
December 9,2014 Page 4
just North of 11`" Lane S.W. (M.P. 1.856)
(memorandum-dated-Nov-ember-2-6,-2014)
Vice Chairman Solari pulled this item to reiterate that when the State
builds or widens roads, like US1 in South County, the County eventually
takes over its maintenance and expense, which increases operational costs
in the budget. He thanked the Department of Transportation for their
excellent management of traffic flow during the maintenance on USI.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approve Resolution 2014-117, authorizing the
execution of District Four Landscape Maintenance Memorandum of
Agreement (MMOA) for SR-5 (US-1) from the St. Lucie County/Indian
River County Line (M.P. 0.000) to just north of 11th Lane S.W.' (M.P.
1.856).
Commissioners echoed Vice Chairman Solari's comments.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
L. Request for Authorization to Transfer Two County Donated Surplus Properties
to Every Dream Has a Price, Inc. for Affordable Housing and to Grant a One
Year Extension to Habitat for Humanity to Build an Affordable Home on a
Remaining County Donated Lot
(memorandum dated December 2, 2014) 187-200
--------------------------------------------------------------------------------------------------------------------
Approved Resolution 2014-118, authorizing Indian River County Habitat
for Humanity, Inc. to transfer two lots donated by Indian River County
declared surplus properties within Geoffrey Subdivision to Every Dream
Has a Price, Inc. with the provision of construction of affordable housing
and to allow Every Dream Has A Price, Inc. 3 years to build on:' those
properties, and to give the one remaining a one year extension to Habitat
for Humanity, to build on the one remaining donated lot within ''Smith
Plaza Subdivision.
M. Declare Excess Equipment Surplus for Trade-In
(memorandum dated December 1, 2014) 201-209
Declared asset 24254 (purchased in July of 2007 for $1,544.25) and the
second unit (non-asset) X00-204800 surplus, and authorized the Animal
Control Division to destroy them for a total $110 discount on the purchase
of two new TASERS.
N. Change Order 1 — Weller Pools LLC Comprehensive Repairs to North County
Aquatic Centers
(memorandum dated December 2, 2014)_________________ 210-211
- ---------------------------------------
Approved and authorized the Chairman to execute Change Order No. 1
with Weller Pools, LLC; and approved the corresponding budget
Amendment in the amount of$7,875.00.
Board of County Commission Minutes
December 9,2014 Page 5
O. Approval of Sovereign Immunity Language in Easement and Bill of Sale of
Utility Facilities from the School Board of Indian River County to Indian
River County with Respect to the Treasure Coast Elementary School
(memorandum dated_December-1, 2014)_____________ _ 212-219__
--------------------------- -----------------
Approved the Easement and Bill of Sale of Utility Facilities with the
School Board of Indian River County, with the added unilateral
indemnification with regard to sovereign immunity, authorized the
Chairman to execute same; and authorized any changes so long as they
are approved by the County Attorney.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
9:25 1. Notice of Scheduled Public Hearing December 16, 2014:
a.m. Notice of Scheduled Public Hearing to Consider a Potential Project
for a Community Development Block Grant (CDBG)
(memorandum dated-December-2,-2014) -------------------------------- 220_____
2. Notice of Public Meeting December 17, 2014:
Public Notice of Florida Governmental Conflict Resolution Process
Mediation Scheduled for December 17, 2014
(memorandum dated December 2, 2014) 221
---------------------------------------------------------------------------------------------------------
Attorney Reingold read the Notices into the record. He thereafter
wanted to know which Commissioner would be representing the
Board of County Commissioners at the December 17t" Mediation,
and was informed by the Chairman that Commissioner O'Bryan
would be continuing to serve as the Representative.
11. COUNTY ADMINISTRATOR MATTERS
A. Update on Joint Meeting Regarding All Aboard Florida
(memorandum dated December 3, 2014) 222
------------------------------------- -----------------------------------------------------------------------
9:26 Administrator Baird announced that the proposed joint meeting of the
a.m. Boards of County Commission for Indian River County, Martin County,
and St. Lucie County was tentatively scheduled for Tuesday, January 13,
Board of County Commission Minutes
December 9,2014 Page 6
2015, at the St. Lucie County Fenn Center, Fort Pierce, FL, to discuss the
impacts of the All Aboard Florida rail expansion project. He thereafter
voiced concern over a law that may not allow our Board to have a
meeting outside the County.
Attorney Reingold said that after the invitation from St. Lucie County,
the three Counties had a staff meeting regarding the potential Sunshine
Law challenge of having a Board meeting outside the jurisdictional, limits
of Indian River County, and they felt it would be appropriate and would
meet the balancing test described in the case law. He wanted to present
this to the Commissioners, so they would know about the risk, Should
there be a challenge over the controversial issue with All Aboard Florida.
Based upon the risk principle, he wanted to know if the Board wa"Uted to
consider having the staffs of the three counties continue in discussions.
Discussions ensued regarding the risk concept; appointing a member of
the Board of County Commissioners to be part of a collaborative
discussion with other members of other Boards; consideration of a
workshop in lieu of a joint meeting; the goal to present similar concerns
of the three Counties; and options for moving forward.
Attorney Reingold wanted to know what options the Board wished for
staff to pursue, in order to avoid the implication of the Sunshine Law.
Commissioner O'Bryan believed any reasonable person would find it
appropriate for the Boards to meet and discuss a regional issue as long as
the meeting was publicly noticed, would not be a burden for the pblic to
attend, would allow for public input, and be televised. He was wring to
take the "risk."
Administrator Baird said he would bring this item back to the Board
after staff finds out what Martin County plans to do.
B. Discussion on Cancelling February 3, 2015 Meeting
(memorandum dated December 3,2014)--------------------------------------- 223
9:43 Administrator Baird informed the Board that the next Public Service
a.m. Commission (PSC) Hearing was scheduled for Tuesday, February 3,
2015, which is the same date as the regular scheduled Board of County
Commission meeting. He recommended the Board cancel the Board of
County Commission meeting of February 3, 2015, so Commissioners
could attend the PSC Hearing.
Commissioner O'Bryan clarified events from the previous PSC meting,
the discussions that took place, and stressed that there were no Sunshine
Law violations.
Board of County Commission Minutes
December 9,2014 Page 7
--------- ------------- ------- ----'-------------------- ------- ----------
ON MOTION by Commissioner Zorc SECONDED by Commissioner
Flescher, the Board unanimously approved to cancel the February 3,
2015 Board of County Commission meeting, so the Commissioners could
attend the Public Service Commission Hearing in Tallahassee, FL.
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
1. Human Services
None
12. DEPARTMENTAL MATTERS
C. General Services
2. Sandridge Golf Club
None
3. Recreation
None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
1. Award of Bid No. 2014052, Indian River County Intergenerational
Recreation Facility at South County Regional Park, Phase I, IRC
Project No. 1135
(memorandum dated November 25, 2014) 224-234
---------------------------------------------------------------------------------------------------------
9:49 Public Works Director Chris Mora provided background, and
a.m. presented Bid No. 2014052 for a proposed Intergenerational
Board of County Commission Minutes
December 9,2014 Page 8
Recreation Facility to be constructed at South County Rgional
Park, and used for basketball, volleyball, and other gyasium
activities. He said Phase 1 of the project would include
constructing a 37,753 square foot building and 209 parking'spaces
on the 13V acre site, with approximately 26,120 square feet of
building space for Phase 2, should the County decide to exp nd at
a later date. He requested the Board award the bid to Kast
Construction, LLC, for a bid amount of$10,676,278.03.
Director Mora used an overhead slide to show and respond to
questions regarding the facility, multi-purpose activity rooms, the
covered patio, event lawn, and green space.
Administrator Baird said the open fields project would be
brought back to the Board for approval at a later date.
Commissioner Zore did not think the design of the gymnasium
was attractive, felt it would look out of place in the South County
Regional Park neighborhood, and confirmed that it would meet
hurricane standards.
Discussion ensued regarding the different aspects of the project,
the functionality of the building, keeping costs down, the
additional expense of the flooring to make it tournament (ready,
and the Contractors' bonding capacity.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, to approve the bid award t�Kast
Construction Company, LLC for the construction of the
Intergenerational Recreation Facility at South County Regional
Park for a bid amount of $10,676,278.03; approved the s1 ample
Agreement; and authorized the Chairman to execute said
Agreement after receipt and approval of the required Public
Construction Bond and Certificate of Insurance, and after the
County Attorney has approved the Agreement as to form and
legal sufficiency.
Bob Johnson, Coral Wind Subdivision, sought and received
information regarding the construction timeframe and potential
occupants.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
G. Utilities Services
None
Board of County Commission Minutes
December 9,2014 Page 9
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
14. COMMISSIONERS MATTERS
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emermency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
Board of County Commission Minutes
December 9,2014 Page 10
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
10:15 a.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
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Board of County Commission Minutes
December 9,2014 Page 11